Nagendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84615 of 2024 Arising Out of PS. Case No.-277 Year-2024 Thana- PARSA District- Saran ====================================================== Nagendra Singh Son of Late Ramayodhya Singh Resident of Village - Pure Chapra, P.S. - Parsa, District - Saran at Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Parsa P.S. Case No. 277 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 340 litres of spirit was recovered from the bushes. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioner. The petitioner's name transpired in

Patna High Court CR. MISC. No.84615 of 2024(2) dt.10-12-2024 2/2 this case only on the basis of secret information received by the informant. It is also submitted that recovery is made from bushes which is an open place accessible to one and all. There is no compliance of Section 103 of B.N.S.S.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Parsa P.S. Case No. 277 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C (Rudra Prakash Mishra, J) Raj Ranjan/- U T